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SYLLABUS 


PROBLEMS  OF 
CRIME 


ECONOMICS  S  1 5 


IRA  B.  CROSS 


PROBLEMS  OF  CRIME 


I.  Scope  of  the  Subject. 

(1)   Definitions. 

Crime.  Criminal.  Vice.  Sin.  Criminal  law.  Civil  law. 
Criminal  sociology.  Criminal  psychology.  Criminal  physi- 
ology. Criminal  anthropology.  Criminology.  Penology. 

References. 

Drahms,  The  Criminal,  ch.  1. 

Wines,   Punishment  and   Reformation,   ch.  2. 

Ferri,  Criminal  Sociology,  ch.  1. 

II.  Schools  of  Criminology. 

(1)  The    Classical    or    Legal    School.      Beccaria,    1774.      Torture 
opposed.      Prominence    of    the    idea   of    Free    Will.      Studied 
crime  rather  than  the  criminal. 

(2)  The    Positive    School    of    Criminology.      Broca,    1859.      Lom- 
broso,   1876.     Ferri,  Garofalo,  and  others.     Studies  the  crim- 
inal rather  than  crime.     Opposes  the  idea  of  Free  Will.  Crime 
caused    by    anthropological    characteristics,    telluric    environ- 
ment and  social  environment.     Criminal  should  be  treated  as 
an  individual  and  not  as  a  member  of  a  group. 

References. 

.  Ellis,  The  Criminal,  ch.  2. 
Drahms,  The  Criminal,  ch.  2. 
Wines,  Punishment  and  Reformation,  ch.  11. 
Ferri,  Criminal  Sociology,  Introduction. 
Ferri,  Positive  School  of  Criminology. 
De  Quiros,  Modern  Theories  of  Criminality. 
Tarde,  Penal  Philosophy,  ch.  2. 
Saleilles,   Individualization  of   Punishment,   ch.  3-5. 

III.  The  Nature  of  the  Criminal. 

(1)  Classification  of  criminals. 

The  classification  followed  by  Ellis: 

(a)  Political  Criminal. 

(b)  Criminal  by  Passion. 

(c)  Insane   Criminal. 

(d)  Occasional   Criminal. 

(e)  Habitual   Criminal. 

(f)  Instinctive  Criminal. 

The  classification   followed  by   Drahms: 

(a)  Instinctive  Criminal. 

(b)  Habitual  Criminal. 

(c)  Single  Offender. 
Characteristics  of  each  group. 

(2)  Characteristics  of  the  Criminal  Type  of  the  Positive  School. 

(a)  Physiological  characteristics: — Variations  in  chnrucUT- 
is^iosjof  head,  face,  eyes,  nose,  ears,  chin,  mouth,  teeth, 
hair,  length  of  arms,  feet,  brain,  etc. 

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References. 

Ellic,   The  Criminal,  ch.  3. 

Drahms,  The  Criminal,  ch.  5. 

Morrison,  Crime  and  its  Causes,  ch.  7. 

Macdonald,  Criminology,  Part  I,  ch.  2. 

Tarde,  Penal  Philosophy,  ch.  6. 

Aschaffenburg,  Crime  and  Its  Repression,  ch.  17. 

Ferrero,  Lombroso's  Criminal  Man,  Part  I,  ch.  1. 

(b)  Sensory    and    functional    characteristics: — general    sen- 
sibility to  touch;  sensibility  to  pain;  tactile  sensibility; 
sensibility  to  magnet;  meteoric  sensibility;  sight;  hear- 
ing;  smelling,  taste;  agility;   strength;   etc. 

References. 

Ellis,  The  Criminal,  last  section  of  ch.  4. 

Morrison,  Crime  and  Its  Causes,  ch.  7. 

Tarde,  Penal  Philosophy. 

Ferrero,  Lombroso's  Crimianl  Man,  Part  I,  ch.  1. 

(c)  Psychological   characteristics: — natural  affections;  van- 
ity; impulsiveness;  moral  insensibility;   repentance  and 
remorse;   treachery;   stupidity  and  cunning;   vindictive- 
ness;   idleness;   gambling;  intelligence;   prudence;  want 
of  foresight;  etc. 

References. 

Ellis,  The  Criminal,  ch.  4. 

Drahms,  The  Criminal,  ch.  4. 

Morrison,  Crime  and  Its  Causes,  ch.  7. 

Macdonald,  Criminology,  Part  I,  ch.  3. 

Gross,  Criminal  Psychology. 

Aschaffenburg,  Crime  and  Its  Repression,  ch.  18. 

(d)  The  born  criminal  and  his  relation  to  insanity  and  epi- 
lepsy. 

(e)  Characteristics   of  insane  criminals,  habitual  criminals, 
criminals  by  passion  and  occasional  criminals  compared 
with  those  of  the  Criminal  Type. 

References. 

Drahms,  The  Criminal,  ch.  4-10. 

Ferrero,  Lombroso's  Criminal  Man,  Part  I,  ch.  2-5. 

(3)  Biological  Problems  in  Connection  with  Crime.     Whether  or 
not  crime  is  to  be  found  in  the  animal  and  plant  world,  and 
among  barbaric  peoples.    The  beginnings  of  crime.     Does  the 
born  criminal  represent  atavism  or  degeneracy?     Degenerate 
classes  of  effeminates,  infantiles  and  seniles.  Relation  between 
degeneracy,  deficiency  and  delinquency. 

(4)  Conclusions    and    Summary   of   Data   bearing   upon    Criminal 
Anthropology  and  the  Positive  School. 

References. 

Ellis,  The  Criminal,  ch.  5. 

Wines,  Punishment  and  Reformation,  ch.  11. 

Morrison,  Crime  and  Its  Causes,  pp.  198-200. 

(5)  The  Female  Offender. 

The  physiological  and  psychological  characteristics  of  the 
female  offender.  Prostitution  considered  the  feminine  equiv- 
alent of  criminality.  Woman  less  criminal  than  man.  More 
criminal  in  northern  than  in  southern  European  countries. 
Women  show  greater  tendency  towards  recidivism. 

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References. 

Lombroso,  The  Female  Offender. 
Morrison,  Crime  and  Its  Causes,  ch.  6. 
Drahms,  The  Criminal,  pp.  217-219. 
Kcllor,  Experimental  Sociology,  ch.  8. 

(6)  The  Juvenile  Offender. 

Juvenile  crime  on  the  increase.  In  the. United  States,  between 
1890  and  1904,  an  absolute  increase  of  55.2%:  in  comparison 
with  population,  an  increase  of  4.6f/f .  In  1904,  86.3%  of  the 
total  number  of  juvenile  offenders  were  whites;  13%  were 
negroes;  78.1r/  of  the  total  number  were  native  born;  8.1% 
were  foreign  born.  Russians  and  Italians  form  greater  pro- 
portion of  foreign  born  juvenile  offenders.  Age  of  juvenile 
offenders.  Relations  between  puberty  and  delinquency.  Of- 
fenses against  property  are  greatest  in  number.  The  born 
juvenile  offender.  Importance  of  home  influence,  illegitimacy, 
poverty,  vagrancy,  use  of  alcoholic  drinks  by  parents,  lack  of 
industrial  training,  illiteracy,  other  degrading  influences.  Nec- 
essity of  medical  examination  for  school  children. 

References. 

Drahms,  The  Criminal,  ch.  11. 

Morrison,  Crime  and  Its  Causes,  pp.  149-159. 

Jane  Addams,  The  Spirit  of  Youth  and  the  City  Streets. 

Morrison,  Juvenile  Offenders,  Part  I. 

Travis,  The  Young  Malefactor. 


IV.  The  Statistics  of  Crime. 

(1)  Kinds     of     Criminal     Statistics: — Judicial;     prison,     criminal. 
Sources  of  each. 

(2)  The  use  and  abuse  of  statistical  data.     How  to  measure  the 
relative  and  absolute  increase  or  decrease  of  crime. 

(3)  The  relation  between  crime  and  age,  sex,  color,  race,  nativity, 
marital   condition,   literacy  and  occupation,   with   special   ref- 
erence to  the  1904  and  1910  censuses  of  the  United  States. 

References. 

Ferri,  Criminal  Sociology,  ch.  2. 

Robinson,  Criminal  Statistics  in  the  United  States. 

Morrison,  Crime  and  Its  Causes,  ch.  12. 

Mayo-Smith,  Statistics  and  Sociology,  ch.  12. 

Drahms,  The  Criminal,  pp.  238-269. 

Special  Report  of  the  U.  S.  Census  Bureau  on  "Prisoners  and  Juve- 
nile Delinquents  in  Institutions,  1904." 

U.  S.  Census  Bureau,  Bulletin  121,  "Prisoners  and  Juvenile  Delin- 
quents, 1910." 

V.  The  Causes  of  Crime. 

A  discussion  of  the  following  causes  of  crime:  Meterological 
and  climatic  influences,  mountains  and  geological  structure, 
race,  civilization,  density  of  population,  immigration,  emigra- 
tion, subsistence  (famines,  etc.),  alcoholism,  the  use  of  drugs, 
education,  economic  conditions,  religion,  illegitimacy,  or- 
phany,  hereditv,  age,  sex,  prostitution,  profession,  unemploy- 
ment, leaders  of  crime,  the  press,  prison  association,  etc. 

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References. 

Morrison,  Crime  and  Its  Causes. 

Drahms,  The  Criminal,  ch.  6-9. 

Wines,  Punishment  and  Reformation,  ch.  12. 

Ferrero,  Lombroso's    Criminal  Man,  Part  II,  ch.  1. 

Henderson,  Dependents,  Defectives  and  Delinquents,  Part  IV,  ch.  2. 

Ferri,  Criminal  Sociology,  ch.  2. 

Ellis,  The  Criminal,  ch.  3,  sec.  6. 

Dugdale,  The  Jukes. 

McCulloch,  The  Tribe  of  Ishmael. 

Goddard,  The  Kallikak  Family. 

Danielson  and  Davenport,  The  Hill  Folk. 

Eastabrook  and  Davenport,  The  Nam  Family. 

Barr,  Mental  Defectives. 

Lydston,  Diseases  of  Society. 

McKim,  Humanity  and  Social  Progress. 

Commons,  Races  and  Immigrants  in  America,  ch.  7. 

Hall,  Immigration,  ch.  8. 

Aschaffenburg,  Crime  and  Its  Repression,  Parts  I-II. 

VI.     The  Prevention  of  Crime. 

(1)  Treatment  of  the  criminal  for  the  purpose  of  preventing  fur- 
ther crime. 

(a)  What   is   punishment?     Different   agencies   for   the   in- 
fliction of  punishment.      Evolution   in   the  character  of 
punishments  inflicted  for  various  offences. 

(b)  Theories    for    the   justification    of   punishment: — expia- 
tion; retribution;  deterrence;  social  utility;  reformation. 

(c)  Earlier  methods  of  fixing  penalty.     Ideas  of   Classical 
School.     Ideas  of  Positive  School.     Individualization  of 
punishment.     Definite   sentence   vs.   indeterminate   sen- 
tence^   Probation   system   for  adult  offenders.     Parole 
systems. 

(d)  Methods    of    inflicting    punishment: — extermination    or 
capital  punishment;  incarceration,  solitary,  silent,  etc.; 
isolation. 

(e)  Prison   Labor: — Lease   system,   contract   system;   piece 
system;  state  or  public  account  system;  state  use  sys- 
tem. 

(f)  Reformatories  and  penal  colonies. 

(g)  Problem  of  the  discharged  prisoner. 

(2)  Methods  by  meaas  of  which  many  of  the  underlying  causes 
of  crime  may  be  removed,  thus  rendering  less  likely  the  com- 
mission of  criminal  acts. 

(a)  Crime  cannot  be  prevented  solely  by  punishment;   the 
causes  of  crime  must  be  sought  out  and  abolished  so 
far  as  is  possible, 

(b)  Society  cannot  chcinge  the  influence  of  climate,  physi- 
ographic features  and  racial  characteristics. 

(c)  Need  of  better  immigration  laws  and  need  of  better  en- 
forcemeat  of  such  laws. 

(d)  Evils  of  density  of  population  can  be  eliminated  to  a 
great  extent  by  housing  reform  and  the  growth  of  sub- 
urban   communities    coupled   with    the    development    of 
rapid  and  efficient  transportation  facilities, 

(e)  Suggested  remedies  for  hereditary  criminality: — Isola- 
tion;  stricter  marriage  laws;  sterilization;  death. 

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(f)  Discussion   of   the   regulation   and   the   abolition   of  the 
liquor  traffic. 

(g)  The  crusade  against  the  use  of'drugs. 

(h)  The  need  of  free  and  many  sided  education.  Moral 
education,  sex  hygiene,  manual  training,  etc. 

(i)  Suggested  changes  in  the  methods  for  the  caring  of 
orphans.  Cottage  plan  vs.  the  institutional  plan.  Wid- 
ows' pensions.  Home  finding  societies. 

(j)  Necessity  for  better  methods  in  handling  the  problem 
of  illegitimacy. 

(k)  Unemployment,  a  question  of  growing  importance. 
Suggested  remedies. 

(1)   Regulation  of  the  press. 

(m)  Prompt  and  effective  apprehension  of  the  criminal. 
Well  organized  and  efficient  police  systems.  Police 
corruption.  Superiority  of  the  English  police.  Meth- 
ods of  identification.  The  Bertillon  System.  Need  of 
a  national  identification  bureau. 

(n)  Reform  of  criminal  proceedure.  Speedy  justice.  Fair 
trial. 

(o)  Prevention  of  crime  by  social  action.  Housing  reform, 
playgrounds,  social  centers,  wider  use  of  the  school 
plant,  censorship  of  moving  pictures,  etc. 

(p)  Prevention  and  the  child.  Most  promising  field  of  en- 
deavor. Juvenile  courts. 

References. 

Devine,  The  Spirit  of  Social  Work,  pp.  106-150. 

Lombroso,  Crime,  Its  Causes  and  Remedies,  Part  II. 

Kellor,  Experimental  Sociology,  ch.  13. 

Ferrero,  Lombroso's  Criminal  Man,  Part  II,  ch.  2. 

Ferri,  Criminal  Sociology,  ch.  3. 

Wines,  Punishment  and  Reformation,  ch.  14. 

Henderson,  Defectives,  Dependents  and  Delinquents,  Part  II,  ch.  7. 

Henderson,  Preventive  Methods  and  Agencies. 

Folks,  The  Care  of  Destitute,  Neglected  and  Delinquent  Childre-n. 

Aschaffenburg,  Crime  and  Its  Repression,  Part  III. 

Saleilles,  The  Individualization  of  Punishment. 

McConnell,  Criminal  Responsibility  and  Social  Restraint,  Part  I, 


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